Most awaited MCA update on Inactive Company Deadlock
MCA has issued recently Companies (Incorporation) Eighth Rules, 2019.
These rules allows the filing of form DIR-12 for Inactive companies (ACTIVE NON-Complaint form-22A) in the following cases:
(a) Cessation of any director or
(b) Appointment of directors in such company where the total number of directors are less than the minimum number provided in clause (a) of sub- ‘ section (1) of section 149 on account of disqualification of all or any of the director under section 164.
(c) Appointment of any director in such company where DINs of all or any its director(s) have been deactivated.
(d) Appointment of director(s) for implementation of the order passed by the Court or Tribunal or Appellate Tribunal under the provisions of this Act or under the Insolvency and Bankruptcy Code, 2016).”
IMPORTANT POINT TO NOTE
1. If all the directors are disqualified Appoint; Then One Director from the Back-end of ROC then file DIR-12 for other Directors.
2. Earlier Filing of DIR-12 was only allowed for Cessation to the Active Non-Compliant Companies.